From the description of the video, which is posted on the newspaper's website,
The New York Times reported:
The video begins in the vacant lot, apparently moments after Officer Slager fired his Taser. Wires, which carry the electrical current from the stun gun, appear to be extending from Mr. Scott’s body as the two men tussle and Mr. Scott turns to run.
Something — it is not clear whether it is the stun gun — is either tossed or knocked to the ground behind the two men, and Officer Slager draws his gun, the video shows. When the officer fires, Mr. Scott appears to be 15 to 20 feet away and fleeing. He falls after the last of eight shots.
The officer then runs back toward where the initial scuffle occurred and picks something up off the ground. Moments later, he drops an object near Mr. Scott’s body, the video shows.
http://www.nytimes.com/2015/04/08/u...-charged-with-murder-in-black-mans-death.html
Three issues include:
1. The "black object" at the early stages of what happened. Possibly, it was the stun gun. I suspect that once the video is enhanced during the investigation, the object will be identified.
2. The shots were fired at Mr. Scott when he was trying to flee and was some distance away (15-20 feet according to the news account).
3. The police officer picked up and placed an object near Mr. Scott's body.
The second point will almost certainly negate arguments that Mr. Scott posed a threat to the officer. The officer's perceptions, degree of training (if he lacked adequate training), among other factors, might lead to some mitigation of the charges, but it is difficult to imagine a scenario under which the officer would be exonerated.
The third point will probably seal the case against the officer. It is nothing less than an alteration of the crime scene. Such alteration suggests that the officer may have realized he had used unlawful force and attempted to change the narrative that would have become clear from a review of the evidence.
In sum, unless there is significant and credible new evidence, it's probably very likely that the officer will be convicted. Second degree murder is a distinct possibility, especially as he had altered the scene, providing some indication that he was aware that his conduct was inappropriate. Lesser charges are also possible, if the officer can reasonably demonstrate some extenuating factors, but his actions following the shooting may have lowered the probability of his being convicted on those lesser charges.